La prova liberatoria dei genitori per il fatto illecito dei figli minori tra colpa e responsabilità oggettiva

Translated title of the contribution: [Autom. eng. transl.] The parental release proof for the unlawful act of minor children between fault and objective responsibility

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The debate on the nature of the responsibility of parents and teachers for offenses committed, respectively, by children and learners who are capable of acting is still alive. The dominant orientation in jurisprudence, based on the culpa in educating and / or supervising parents and teachers, renders the liberating proof of the latter substantially inaccessible. To counteract the practice of the courts, and return functionality to the third paragraph of art. 2048, a doctrine proposes a departure both from guilt and from strict liability in the strict sense, enhancing the role of parents and teachers, on the one hand, and the typical risk associated with the minor age of the child or pupil, from the other.
Translated title of the contribution[Autom. eng. transl.] The parental release proof for the unlawful act of minor children between fault and objective responsibility
Original languageItalian
Pages (from-to)484-503
Number of pages20
JournalJUS CIVILE
Publication statusPublished - 2019

Keywords

  • culpa in educando
  • culpa in vigilando
  • responsabilità genitori e insegnanti
  • responsabilità oggettiva

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